Terms of Trade 
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Dandelion-Import Terms of Trade August 2007 THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH DANDELION-IMPORT EXPORT NEW ZEALAND AND DANDELION-IMPORT EXPORT AUSTRALIA OFFERS YOU ACCESS TO OUR WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THESE TERMS AND CONDITIONS ALSO APPLY TO AND INCLUDE, BUT ARE NOT LIMITED TO PRODUCTS ON THIS SITE PURCHASED VIA RETAILER, CHILDCARE AND DIRECT SALES CHANNELS. Terms of UseThis website ("www.dandelion-import.com") is owned by Dandelion-Import Export (Australia) Limited (referred to on this Site as "we", "our" or "us" or “Dandelion”). Your use of this Site is governed by these terms of use. By accessing and browsing this Site, you agree to be bound by these terms of use. If you wish to purchase any of our goods or use any of our services on this Site, you will be required to agree to the terms and conditions of sale for those particular goods or services. Content for Information Purposes Only While we have tried to ensure the content on this Site is current, accurate and complete, we do not guarantee such content will be current, accurate or complete when you access it. We only provide the content on, or accessed through this Site, for general information purposes only and on an "as is" basis. You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this Site. Without limiting the generality of the above, no content on or accessed through this Site should be treated as constituting professional advice and should not be relied on as such. We may change the content described on this Site at any time without prior notice. Right to Use Site and Content You may access, view, reproduce and print the content on this Site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of our rights in the relevant content. If you wish to link to any part of this Site, you must obtain our prior written consent. Third Party Websites This Site contains links to third party websites. These websites have not been prepared by and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites this Site links to. Amendments We may amend these terms of use from time to time so you should check and read these terms of use regularly. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended terms of use. Delivery Products will be organized for shipment as soon as payment is confirmed. Where a postage and handling charge applies, it will be clearly stated in the total product price at the shopping cart. Please allow 3 -10 days for delivery depending on where in New Zealand or Australia you are. You will be notified of any delays. Please note all items will be sent by courier or unregistered post (unless otherwise requested), and therefore the purchaser accepts the risk for any goods that become missing in transit. The purchaser also accepts that should goods go missing in transit, then they will remain liable to pay the entire sale price, including postage and handling of the goods, and that Dandelion or its agents are not liable to replace or refund the costs of the goods. The purchaser acknowledges that by cancelling or attempting to cancel a payment in such a situation is in breach of this agreement, and that Dandelion may recover from the purchaser the original sale price as well as costs and expenses incurred in claiming payment (including full legal and debt recovery costs) by any legal means it sees fit. By placing an order, the purchaser accepts these terms of trade. If you would prefer goods to be sent by registered post instead, then please contact us for an estimate of costs of freight, and we will happily arrange alternate delivery. Prices for purchases by New Zealanders in New Zealand or to be sent to New Zealand residents are in New Zealand dollars and processed in New Zealand dollars (according to the daily exchange rate), and exclude GST (where applicable). GST is payable within the customs. Prices for purchases by Australians in Australia or to be sent to Australian residents are in Australia dollars and processed in Australia dollars (according to the daily exchange rate), and include GST (where applicable). Returns and Refunds: All non-faulty products are covered by the Dandelion customer guarantee, which allows you the full right to return any item you purchase from us, no matter what the reason 14 day money back guarantee effective from the date of delivery to the original purchasers for a full refund. This is provided that: -It is returned to Dandelion within 14 days of your purchase date. -It is returned in a saleable condition, in the original packaging and is unused. -All shipping costs are at the purchaser’s responsibility. Once the non-faulty is recovered by Dandelion-Import, the purchaser will be contacted and arrangement for refund will be made. Dandelion- Imports warrants, subject to the disclaimers and limitations herein, the product shall be free from defect with 12 months from the delivery date. This is a warranty is limited defects and not include normal wear and tear, normal maintenance. Dandelion warrants that the product will be as described in all material respects, however retains the right to change the dimensions, compositions, design, performance, colour and appearance of the products without liability, if the change is non material. Dandelion-Import may also relay on any generally accepted industry standards. These warranties shall only apply if the goods have been installed, maintained and used in confirmation with the instructions given by the manufacturer and Dandelion from time to time, if any, including the instructions manual supplied with the original purchase of the products, and otherwise in conformity with the highest practices of safety and prudence and have been subjected to normal use for the purpose for which the product was designed, have not been subject to misuse, negligence or accidents, and have not been altered or repaired by person other than Dandelion or their accepted agents in any respect which, in the judgment of Dandelion adversely affects the conditions or operation of the product. The purchasers shall create, maintain and make available to Dandelion any record of the installation, maintenance, use and dispositions of the product where relevant. Please feel free to contact us should you have any concerns about returns or refunds. Safety: We stand behind our products, but final responsibility for monitoring and safety always rests with the parent or caregiver. Indemnity: Breach: All Liability Excluded To the extent permitted by law: -all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limit, suitability, fitness for purpose, accuracy or completeness of this Site or the content on or accessed through it; and -Dandelion, its shareholders, directors, officers, employees and representatives will not be liable for any damage (including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages even if made aware of the possibility of such damages.), loss or expenses, or indirect losses of any kind, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it. If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies, which are not excluded nor limited by the above. If you are using this Site or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply. We will take action, within a reasonable time, to correct any error or inaccuracy, which is brought to our attention. Privacy: Your registration details; and Information relating to your use of the Website and the content you access. You agree that Dandelion may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, for promoting and marketing other Dandelion products and Services to you, and for any other use that you authorise. We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Dandelion, or users, or others. You have the right under the Privacy Act 1993 to obtain access to and to request correction of any personal information held by Dandelion concerning you. Intellectual Property All intellectual property on this Site, including without limit, the text, graphics and copyright works is owned by us (or our relevant content supplier). We are the exclusive owner of all rights in the compilation, design and layout of this Site. You may not without our prior written permission, in any form or by any means: -Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or -Commercialize, copy, or on-sell any information, or items obtained from any part of this Website. Company structure: Dandelion Import-Export New Zealand Ltd is a trading division of Dandelion-Import Export Australia Pty. Force Majeure: No Waiver: Governing Law: Entire agreement: |